Monday, September 15, 2014

WHAT IS THE NATURE OF YOUR INQUIRY (OR INVESTIGATION)?

1.  WHAT'S THE NATURE OF YOUR INQUIRY?
2.  ARE YOU CONDUCTING AN INVESTIGATION?
3.  ARE YOU ASKING ME TO MAKE AN ADMISSION OR CONFESSION?
Then he realizes that that's exactly what he's doing.

IF YOU HAVE REASON TO BELIEVE THAT I WAS SPEEDING, ISSUE ME THE CITATION AND I'LL SEE YOU IN COURT.

YOU'VE GOT TO START GOING TO COURT.  CLOGGING UP THE COURT SYSTEMS SO THE MONEY IS TAKEN AWAY FROM THE SYSTEM.  THEY COUNT ON 98% TO 99% OF THE PEOPLE SHOWING UP AND PAY THEIR FINES.  IF ONLY 3% STOPPED PAYING, THE SYSTEM WOULD CLOG UP AND SHUT DOWN.

1.  Don't say anything.
2.  Keep your mouth shut.
3.  Shut up.

Learn how to breathe through your nose with your lips closed.
All of the evidence that is ever going to be used against you is going to be furnished by you.

They're asking you questions to make admissions or confessions.

When officer asks if he can search your vehicle, your answer is "No.  No you may not."

If the officer asks you questions about why you don't wish to let him search your vehicle, you answer "Because you don't have a 4th Amendment search warrant on your person and I don't want you involved in my private affairs.  And if they ask you if you have any guns or drugs or anything on you, ask them the nature of their inquiry.  Are you conducting a criminal investigation?  If you're conducting a criminal investigation, then I am going to invoke my 5th Amendment right not to speak with you.  Do what you have to do and permit me go about my business." You take the position from the beginning of any investigation that your case is going to be decided by the Supreme Court.  Of course it won't be, but you take that position by establishing facts that don't give the officer rise to consider what you are saying is acquiesce to his search.  If he starts to search your vehicle, tell him stop searching my vehicle.  Now obviously you can't stop him from doing anything he doesn't want to stop doing.  However, I guarantee you if you tell him to stop or tell him not to search my vehicle or to get away from my vehicle, then he's going to stop he'll stop unless, of course, he has probable cause to search which would be under a condition where the officer had a view of contraband openly and notoriously apparent inside your vehicle.  Under those conditions, he does not need a search warrant.

What would happen if a police officer came up to you and he had a dog trained to sniff out drugs or dead bodies, and the dog alerted the officer to some contraband?  Does the smell of pot give him the right to search your car?  Unequivocally, no!  It may give rise to probable cause to go get a search warrant.  The dog alerting to the presence of marijuana may give the officer rise to go get a search warrant.  None of these conditions give him the right to conduct a search without your consent.

Cop shows people make confessions and admissions.  Answer their questions with questions:

STOP MAKING ADMISSIONS AND CONFESSIONS.
WHAT'S THE NATURE OF YOUR INQUIRY?
ASK THEM TO ARTICULATE THEIR SUSPICION OF YOUR CRIMINAL ACTIVITY BEFORE HE CAN EVEN PROCEED UNDER THE DOCTRINE OF PROBABLE CAUSE.  AND ONLY GIVES HIM THE RIGHT TO GO GET A SEARCH WARRANT.

What part of no don't you understand?

I don't want you to deprive me of my liberty.  Articulate

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